Hello..
Here's the cliff notes version.
My wife works for a merchandising company. She has been working at a Winn Dixie here in La. resetting merchandise. Yesterday she saw a few items she wanted to purchase, and placed them by her work stuff (a stepstool, and tool bag) The items in question were very large, and were placed in plain view. She also had a few small items (batteries etc.), and she placed these in the outside pocket of her work bag (yes, I know, not the smartest thing to do) Anyhow, the manager was standing right by her when she did this. She was going to purchase the items on her lunchbreak and then bring them out to the car. Anyhow, he calls her in his office about 30 min later, and asks here what she took, and put in her bag. She says she had the batteries and whatnot, and she told him she was intending to purchase the items in question along with the large items by her work area. He (very rudely apparently) told her to shop after she finished her work and not during. Okay, point taken. He asks if she has enough money to pay for the items, she replies yes, I'll go pay for them right now if you want, bring them to the car. The manager says no, he's got to go talk to her supervisor. Moments later, the police arrive and question her. Manager demands she be arrested, and she gets written up for "THEFT OF GOODS".
Now, she offered to pay, never denied having the stuff in her bag, half of the items were in plain site on the floor NEAR her work stuff, and were too big to sneak out of the store anyway. He said having it near was proof of intent. Whatever.....
Anyhow, she has been banned from Winn Dixie, so shes' out of work for 3 weeks because of this jackass.
Can we fight this?? The total of the items in question is $56.00. And most of them were not concealed in any way. She offered to pay for everything, and did not offer any resistance, even though she knew she was innocent.
How does "THEFT OF GOODS" differ from "SHOPLIFTING"
She never took any items out of the store, and the only think that was concealed were the small items. That was dumb putting them in her bag, even though they were in an outside pocket, sticking out so you can see them.
I just worry about an overzealous manager, and a hanging judge convicting her, and us having to pay out the nose, and her having a criminal record, which she currently doesn't.
Thanks for any advice!
Theft of Goods in Louisiana
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12-13-2006, 08:28 AMyoda1969Theft of Goods in Louisiana
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12-13-2006, 08:44 AMHappy TrailsRe: Theft of Goods in LouisianaThat is what Louisiana calls it.Quote:
Quoting yoda1969
Quote:
§67- Theft of goods
A. Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
B.(1) Whoever commits the crime of theft when the misappropriation or taking amounts to a value of five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.
(2) When the misappropriation or taking amounts to a value of three hundred dollars or more, but less than a value of five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.
(3) When the misappropriation or taking amounts to less than a value of three hundred dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than one thousand dollars, or both. If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.
C. When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense.
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12-13-2006, 08:49 AMyoda1969Re: Theft of Goods in Louisiana
Ahhh..thanks for clearing that up!
The thing that has me pissed off, is A. It was a stupid mistake, she didn't mean to conceal the small items, and B. The manager asked her if she could pay for them, but didn't allow her too.
He should have never called the police. Guess he wanted that bonus for apprehending a shoplifter!
Anyhow, I'm just worried about her having this on her record, and any expenses we might incur. She was more than willing to pay, she was going to anyway, so it was no big deal. -
12-13-2006, 09:08 AMpanther10758Re: Theft of Goods in Louisiana
Winn Dixie acted within the Law. I believe she was going to purchase them but her inten cannot be proved what can be proved is concealment! Where I agree Winn Dixie acted rather harshly in the matter facts are facts an she did commit a crime! DA may throw out case but that wont change her job loss! If we are talking on our cell and run a red light (unintenionally) we are still guilty of infraction. This is a similar case. The intent isnt the problem here nor can be proved. I have interviewed many many internals thefts and shoplifiting cases where perp told me he/she was going to pay! Hire an Attorney is best advice I could give.
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12-13-2006, 09:10 AMpanther10758Re: Theft of Goods in LouisianaHire an Attorney but yes there will be a record and there will be expensesQuote:
Quoting yoda1969
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12-13-2006, 09:24 AMHappy TrailsRe: Theft of Goods in LouisianaIMO, he was asking her if she COULD pay for it, because then it would be more evidence that she intended to steal it if she couldn't.Quote:
Quoting yoda1969
Having a record is a concern. Info. link
Hire a lawyer and hope for a deferred adjudication or a dismissal. -
12-13-2006, 10:32 AMyoda1969Re: Theft of Goods in Louisiana
That's what I told my wife. My concern is this is going to turn into a matter of her word against his. The small items in her bag might end up crucifiying her unfortunately. I still say it's not theft until you leave the store, but I understand it's a bit of grey area legally. I don't think the items that were out in the open, not in her back should be entered into evidence though. If so, then everyone in the store with merchandise in their possesion can be thought of as having intent to steal, but proximity to said merchandise.
I'm getting a copy of the arrest record to see how it was written up. Also I'm taking your advice and getting a lawyer. This is going to end up costing her lost wages, and I'm sure much more. I want to be prepared! -
12-13-2006, 10:42 AMpanther10758Re: Theft of Goods in Louisiana
Check your states shoplifting laws inmany states concealment alone is a crime
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12-13-2006, 11:19 AMyoda1969Re: Theft of Goods in Louisiana
Looking them up...
They can probably get her on the the small items, but most of the merchandise was in plain site, the whole time. They can argue that she put it there to try to lift later, but then it's back to proving intent. She'd be shooting herself in the foot daring to shoplift at a place she is working, and under constant scrutiny from the management.
She is in her mid 30's with a clean record, so I hope it does get dismissed, or at least if she gets convicted it's on a lesser charge. Guess only time will tell!
Thanks ... -
12-13-2006, 11:37 AMpanther10758Re: Theft of Goods in LouisianaQuote:
Quoting yoda1969
Happens all the time your theory means nothing. -
12-13-2006, 11:47 AMyoda1969Re: Theft of Goods in Louisiana
Yeah I know, most theft is done by employees...so...
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12-13-2006, 11:56 AMpanther10758Re: Theft of Goods in Louisiana
so they do so under the watchful eye of both Loss Prevention and management. Your theory on why she would not steal will not wash even if its true!
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12-13-2006, 01:10 PMyoda1969Re: Theft of Goods in Louisiana
not really saying it to defend her. I know that's not an arguable position.
I just think the manager went a bit overboard, esp. since 90% of the items in question were NEVER out of his sight, and were NOT concealed. This should have never gone to the police. -
12-13-2006, 01:45 PMpanther10758Re: Theft of Goods in Louisiana
Where I may agree its was a decision that was made. does Winn Dixie have a prosecute all policy? If so then it may hav been out of his hands for the most part. Instead of argueing a dead point find her some legal defense! Look into diversion as option as well to avoid conviction on her record that would prevent her from working retail or other positions
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12-13-2006, 01:46 PMyoda1969Re: Theft of Goods in Louisiana
Diversion eh?
We are going to be speaking with a lawyer tommorow. Not sure if they have a prosecute all policy or not. I'll check into it!
Thanks -
12-13-2006, 01:48 PMpanther10758Re: Theft of Goods in Louisiana
They already contacted PD and she was charged its dead issue now. I just threw that out there to get you off your anti mangement soapbox.